a short news release this afternoon, saying, quote, mr. hernandez had no legal excuse or justification for using deadly force on an unarmed man. they said it will be settled in court. the judge set a new court date of february 15th. reporting live in san jose, joe vasquez, cbs 5. new at 5:00, the man who shot and killed two people at the richmond bridge toll plaza is facing the death sentence. nathan burriss was convicted in november for the 2009 murders of his ex-girlfriend and a man that he thought she was dating. the killer freakedly mocked the victim's families at trial. today, he told the judge the sentence doesn't matter, because he doesn't think it will be carried out. a san jose mother could face charges for making up a story about a man trying to grab her child from her arms. police haven't named the woman, but say she confessed to them yesterday and said it was all a hoax. it's still unclear what motivated her to do that. she will likely be charged with filing false police report. the flu is now hitting

california hard. the health department says it's seeing cases in every region of the state. five people under the age of 65 have died. doctors at san francisco general say this could be the worst flu season in years. to control the spread, the centers for disease control is urging everyone to get a flu shot and it's not too late. >> it makes it a lot less likely that you will get the flu. and if you do get it, and you've been vaccinated, chances are you will have more mild disease. you won't get as sick. >> pharmacies are scrambling to keep up with demand. safeway is offering a 10% discount on grocery bills for anyone who gets a flu shot there. it may be sunny in the bay area, but there was a gusher in san francisco. this is from a fire hydrant that got knocked over at fulsom and embarcadero. witnesses tell cbs 5 a truck was trying to park when it accidentally knocked over the

hydrant. water was shooting as high as the fourth floor of the gap building. the area was crowded with people and they stopped to take pictures. no one was hurt. checking other bay area headlines, university of california president mark udoff has announced his retirement. yudof says he will leave in august for what he says are health issues. yudof has been at the helm of the university system for five years. his time has been marked by protests over tuition hikes and administrative pay raises, as well as violent police confrontations. and today's the last day on the job san jose police chief chris moore. he leaves after 27 years with the department, two years as chief. his tenure was marked by budget cuts and pension reform that led many officers to look for work in other bay area cities. the deputy chief will take over until a replacement is found. and before he left, chief moore dealt another setback to san jose's luxury casino called matrix. he rejected its request to open gaming tables on the eighth floor of the high-rise.

the city says it would present security problems. casino matrix opened in august, after four months of delays over permits. now on to sunday's big game between the 49ers and the atlanta falcons. >> but before taking ovulate this afternoon, the team had one last workout at their facility in santa clara. this is the second time in two years the 49ers are heading to the nfc championship. despite all the hoopla, the team remains focused. >> people said nice things about us. that's nice. cover of sports illustrated, you know, very nice thing. it says a very nice thing about our team. put it in a frame, put it on the wall, say something nice about you, but doesn't change anything about what our job is. >> i don't have time to stop and think right now. too much work to be done. ♪ >> if the 49ers win on sunday, the team will advance to the super bowl for the sixth time in franchise history and the first time since 1994. the buses pulled out of the

niners practice facility just before 3:00, heading to nearby san jose airport. the one key player almost got left behind. leading wide receiver michael crabtree arrived late. the convoy had to stop to let him on. after he finally got on the bus, the convoy then continued on to the airport. >> taking the bus! good thing he's a good runner. sunday's big game in atlanta, with more on how the city is preparing for a big win. >> >> reporter: alan, it's been a while since the 49ers made it to the super bowl. still have a big hurdle, the championship game. that comes up sunday, but you can really kind of feel it out here. we're in north beach right now. somebody just came up to me and said if they win, the town will explode. that's kind of exactly what the san francisco police department does not want to see happen. they don't want a repeat of what happened after the giants

won the world series and there were shots of people smashing muni buses and causing trouble. they don't want to see that. sfpd tells us they will have all officers on deck. nobody will be allowed to take a vacation day that day, even to watch the game. they will be here, expected to be on duty, as well as other officers in reserve just to make sure, in case anything happened. we talked to the owner of amante in north beach. he said we expect people to behave. should be a good time. >> big game. championship game. we checked with the police today and they tell us nobody gets the day off. they are keeping everybody on, just in case. >> yeah. >> you know how it can get. you've been around long enough. any concerns on your part at all? >> none at all. when the giants won the world series here, everybody was great. people were having a great time. no incidences at all.

we have a doorman as well. it's just a great crowd. even greater if they win. >> reporter: nonetheless, the mission district, broadway area, and north beach, again, all will have extra police patrol, just to keep people in line. they are expecting a great crowd. everybody here ready for a good game. the 49ers will have a major advantage over atlanta on sunday. >> kim coyle is here to tell us about the captain of the defense, who could give the falcons fits. >> that's right. patrick willis is regarded as one of the best line backers in the nfl, but willis does admit to having one weakness on the football field. >> i think he'll take it to the sideline, my god took off running that way! >> i would say he deserves a pass on the blocking. but the captain of the 49ers defense also isn't satisfied with just getting to the nfc championship game for the second year in a row.

>> it's not good enough just to make the playoffs. it's not good enough just to make it to the nfc championship. we want to win it all. that's what we'll be remembered by the most, going to the super bowl and winning it. but it starts this sunday, to have the opportunity to go. just winning it all. >> six-time pro bowler wants a ring. >> wants the ring. badly. >> that's right. they all do. >> thanks, kim. well, some clarity at last on the hostage crisis in algeria. what we now know about the kidnappers, the captives, and what's happened to the americans caught in the conflict. >> widespread sunshine, lots of 60s today. some of you may be wondering, where did all the rain go? concord, you had 5 inches of rainfall in december. one quarter of one inch in january! a little bit of rain in the forecast. i'll let you know when, coming up. >> and giving up your personal information for the right to make a return.

consumer watch on why your driver's license is being scanned by stores.

tonight... one american, from texas, is confirmed to be one of the dozens of hostages killed during the algerians . new details tonight. one american from texas is confirmed to be one of the dozens of hostages killed during the algerian's effort to rescue them. this is the third day the militants have held captives at a natural gas facility in north algeria. hundreds of other captives have been successfully freed. they say they are grateful to the algerian forces that rescued them. but the fate of as many as dozens of others remains unknown. the numbers are in. 4.3million viewers watched lance armstrong's televised confession last night during oprah winfrey's interview. he admitted performance- enhancing drugs helped him win all seven tour de france championships. >> did you ever take banned substances to enhance your performance? >> yes. >> i view this situation as one

big lie that i repeated a lot of times. i didn't invent the culture. but i didn't try to stop the culture. >> armstrong's interview may be a loss, but it appears to be a win with others. a "new york times" reporter is publishing a book and director j.j. abrams is making a movie about the disgraced cyclist. first chance in years to watch the monster wave competition at mavericks. what you need to know before you head to the coast. >> surfing the mavericks can be risky. how technology hopes to change that, up next on health watch.

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and dessert? whoa! no wonder they call it a complete meal. 3 courses, one diner price. complete skillet meals starting at $8.99. only at denny's. years. this time a . the mavericks surf contest is on. this sunday for the first time in three years. this time around, the rules are a little different for spectators. the beach and all the cliffs will be off limits. the same goes for all roads to pillow point. to watch the event in person, you'll have to go to the oceania hotel and spa at princeton harbor. >> best way to see mavericks is at the mavericks festival. it's something that we were required to do by our county agencies, after the people got washed off the jetty wall and a lot of people got hurt by being out at the beach. >> organizers expect huge waves and sunny skies, which they say should make for perfect surfing

conditions. and mavericks is famous for world class surfers taking a big rise on huge waves. >> the wipeouts pretty epic as well sometimes. as dr. kim mull va hill reports, new technology may help surfers tackle the monster waves more safely. >> reporter: mavericks, it's a show like no other. the world's best surfers line up to ride one of the world's biggest breaks, but big wave surfing is not without risk. riding here can be deadly. now a new wave of technology hopes to change that. >> surfer can lay flat on the vest. >> reporter: meet terry moss. >> when a 40-foot wave crashes on you, it's like falling out of a two-story building and into a washing machine, where you don't know if you're up, down, sideways. >> reporter: moss, a prominent free diver, has perfected the art of holding his breath for extreme periods of time, but hold it too long and you won't

even know it. you can black out and drown. >> the trouble with blacking out under water is that it comes without notice. it just hapts instantaneously. there's no warning. >> reporter: now the retired oral surgeon is working on a project to make these experiences safer a submersiblible high tech life vest. on the back, a mechanism that contains-- >> circuitry, water pressure sensor, and the co2 cartridges. >> reporter: the light weight vest is programmable, allowing the user to spend a maximum time under water and maximum depth. hit that limit, and it automatically inflates, bringing injured or unconscious surfers to the surface. >> it would be great. what's great about it is that it's very new technology. >> reporter: frank is a rescue boat operator for mavericks. he says the vests can play a role, but more is needed. >> when you're dealing with this kind of surf, you can have all the devices you want on you. you're still going to need, you know, you're still going to need a jet-ski to pick you up

once your inflation device activates. >> reporter: in the meantime, the show will go on. >> more and more testosterone being poured into the water, we need something to bring us back. >> reporter: cbs 5 health watch. >> well, high surf advisory's also in effect this weekend and at area beaches. roberta gonzalez at rodeo beach with our mobile weather. looks like the waves are billowing up. >> reporter: i've got to tell you, there is definitely a chill in the air. mobile weather right now, we have all of our instruments in place. currently 59 degrees, but that wind currently at 14 has been gusting up to 25 miles per hour, and that's when it really feels a little chilly out here on this friday evening. as you were mentioning, alan, we have a high surf advisory in place for this very beach here. up and down the california coast, that does include the san mateo coast, as far north as the sonoma coast for high surf. because of that high surf, we do have mavericks! it's a green light for sunday,

with some of these waves up to 20 feet, perhaps even larger in that time. meanwhile, in addition to high surf advisory in place, we have a beach hazard statement. and that's for sneaker waves. any of these large waves just rolling onshore, sneaking up on you. you have to be very mindful for that and never have your back at a very angry ocean, as well as a beach hazard statement for rip currents. swimmers, please take note of that situation. it's a big holiday weekend. many people flocking to the beaches over the long holiday. if you want to know more about these beach hazards in effect, visit us online at cbssf.com. reporting just outside of fort cronkite on this beautiful friday evening, it's a bit cold, a bit windy, but it sure is nice. >> roberta, thanks. have a good weekend. as she mentioned, the weather sounds like it's go doing be great for going to the beach, or at least outside. maybe stay away from the ocean. >> be smart if you're going to

the beach, but bet you a lot of folks will head down there. maybe a stroll by the water. stay out of the water, because it's go doing be rough there. but the weather is going to be near perfect. we caught the sunset at exactly the right time. our mount vaca cam, the sun just dropping below the horizon. gorgeous view there. cirrus cloud cover that's out there making the colors of the sunset spread out even more. check out temperatures. so much milder than yesterday. some of you, 5 degrees milder. concord at 58. santa rosa, 58. san jose, 59. 60s in oakland, 66 today. san jose also hit the mid-60s. as expected with all that sunshine, nothing on the radar. tonight for the first time in about a week, week and a half, i think everybody stays above freezing. that's you in fairfield, 34. santa rosa, 34. 42 for oakland. san francisco down to 44. redwood city, 41 degrees. we are still trending milder. two things i want to point out here. one, that deflect tore shield, big bubble of high pressure is

still here. one of these systems will get here toward the middle of next week. we can see the end of this pattern. it's not going to happen this weekend. saturday, sunday, monday, all about that big bubble of high pressure moving over top of northern california. you stay sunny, dry, mild, all the way through tuesday when you head back to work and kids go back to school. changes coming toward the middle of next week. it's going to be a subtle change. not going to get pouring rainfall. slight chance of rain next friday. the bigger change will be an increase in clouds, as the onshore flow, westerly components in the wind, that comes back. we'll be cooler and cloudier toward the middle of next week. but for the next few days, nice to get outside. beautiful evening. play it smart at the beach. maybe don't even go in the water, rough and dangerous there. and that pattern change coming next week, but not toward the middle or the end of next week. san jose tomorrow, wow! 67 degrees. livermore, 61. san francisco 62.

about 5 to 7 degrees above average. palo alto, looking at 65. mid-60s for redwood city, los altos. low to mid-60s for concord and san ramon. pleasanton, mainly sunny skies for the entire holiday weekend. richmond, 63, same for oakland. great weekend to head up to wine country, do some tasting, sounds nice. low to mid 660s there as well. sunday, monday, looking dry. tuesday, cloudier. there's your change. it gets here on wednesday, partly sunny skies, pretty cloudy next thursday. and then a slight chance of showers next friday. we get spoiled around here. it's going to be cloudy by next thursday? other parts of the country won't hit 40 for another month! >> the south got all that snow and icy saw. that's brutal. >> we got that deflector shield over top of us. like that. >> thank you, sir. a simple return to a store gets complicated. >> i don't know how many people now have access to my

information. >> why clerks are scanning your driver's license and what they are doing with the information they get.

those controversial full-body scanne might be happy about this. the tsa is getting rid of all the controversial full body scanners that critics call virtual strip searches. by june, they will be removed from all 30 airports using them. the move comes after the manufacturer told congress it could not meet a deadline to install privacy software. the other body scanners that display a more generic image will still be used. speaking of privacy, a new return policy is continuing to raise concerns about privacy. many retailers now require a driver's license so they can swipe it. as cbs 5 consumer watch reporter julie watts, what

personal information they are getting and what are they doing with it? >> we can't do any returns unless we have an actual id. >> reporter: asking for id is one thing, but it's what stores do with it that's causing concern. >> they actually took the information and scanned it into their database. >> reporter: from children's stores to home improvement, more and more retailers are scanning and storing your personal information. >> i told her i wasn't comfortable with it. >> reporter: kim blushing says even the manager at michaels couldn't explain what personal information they are collecting or why. >> i don't know who has access to my personal information. >> reporter: retailers are tracking returns in an effort to prevent fraud and weed out returnaholics, eventually banned from bringing stuff back. but exactly what do they get when they swipe the strip? everything on the front of your driver's license, including name, address, birth date, height, weight, even eye color. >> to say you're using that information or they are taking that information to prevent fraud, you could use that argument for just about anything. >> reporter: but state senator jerry hill points out legally,

they can store your information for as long as they want, if it's for fraud prevention. they can't use your info for promotional purposes or advertising. and hill says he would have to find evidence of abuse before writing a law to stop it. in the meantime, he thinks stores should have to warn you at the register that they will scan your id if you bring something back. >> if you don't want to purchase from that retailer, you can go someplace else and do it. >> reporter: something kim is considering. >> i would think twice before going to michaels. >> reporter: if a store does require an id for return, it is supposed to be written in the return policy and that, of course, has to be posted at the register. now, michaels says it is following state law and doesn't record information for marketing purposes. if you have a consumer complaint, give us a call. >> scan your driver's license, what's there, they get it all. >> they sure do. >> i don't like that. >> it stays in the database. there's no law that dictates how long they can hold it. >> julie, thanks. have a good weekend. >> you, too. president obama's second inauguration is expected to bring in up to 700,000 people

on the national mall in washington, dc on monday. but that's just a fraction of the nearly 2 million who attended four years ago. still, organizers aren't taking any chances. at least 6000 national guard troops will be on duty along with thousands of police officers and federal agents. no threats have been revealed, but authorities say they are not taking any chances. and stay with cbs 5 all weekend for live inauguration coverage, from our very own christin ayers. her reports begin tomorrow. cbs news will carry the president's swearing-in beginning at 7:00 a.m. monday morning. we'll be right back. look at you guys with your fancy-schmancy u-verse high speed internet. you know, in my day you couldn't just start streaming six ways to sunday. you'd get knocked off. and sometimes, it took a minute to download a song. that's sixty seconds, for crying out loud. we know how long a minute is!

sitting, waiting for an album to download. i still have back problems. you're only 14 and a half. he doesn't have back problems. you kids have got it too good if you ask me. [ male announcer ] now u-verse high speed internet has more speed options, reliability and ways to connect. rethink possible. [ crickets chirping ] [ traffic passing ] ♪ [ music box: lullaby ] [ man on tv, indistinct ]

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a victim of its own success... a bay area gun buyback program so . for the 6:00 news tonight, call it a victim of its own success. a bay area gun buyback program, so popular, it ran out of cash. and the iou's total tens of thousands of dollars. tonight, we ask, where is that money going to come from? >> plus, wood-burning banned tomorrow for the fourth straight day. tonight, the bay area county leading the pack in spare the air pollution. those stories, and much more, tonight at 6:00. 30 minutes away. "cbs evening news" with scott pelley is coming up next. >> and the latest news and weather is always on our website, cbssf.com. >> pelley: tonight, at least one american hostage in algeria is dead but others have been rescued. some of th

gged with explosives. mark phillips has the late- breaking details. david martin tells us about the man believed to be behind the terrorist attack. lance armstrong could face ruinous lawsuits after his confession to doping. jim axelrod reports. john miller has a rare look inside f.b.i. intelligence as it prepares for next week's inauguration. >> reporter: so what are the threats to this inauguration? >> pelley: and steve hartman "on the road" with two coworkers who thought they had nothing in common until he told his stories of battles long ago. >> he's someone that i will never forget. i will tell my kids his stories. i'll tell anybody his stories that want to listen. captioning sponsored by cbs cbs this is the "cbs evening news" with scott pelley. >> pelley: good evening. one american has been killed in that hostage standoff in